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What legal action can be taken against cheque bounce and fraud


09-Jun-2023 (In Criminal Law)
Hello, A man has cheated me by providing duplicate documents of the property and as of now 3 lacks has been given. But then I had cancelled the contract and asked him for my money. He had given me 3 cheques and all the cheques had been bounce due to insuccufient bal. While cancelling the contract I had made a notary mentioning that the person will give my money back at any cost if he fails a legal action will be taken on him and whatever property hr has will be used to get my money back. But till now police had not taken my FIR and that person is run away from home but his wife and mother stays there. Please advice me on that ????
Answers (3)

Answer #1
748 votes
Appoint a lawyer who will file 138 under your bank jurisdiction for that you have to give notice to a person but not normal one but advocate notice for that you have to appoint lawyer without that it is not possible I have fight many 138 matter and won to but it is your choice to appoint lawyer police will not registered any case because it is court to decide not the police
Answer #2
732 votes
Dear client,
You have to send leagal notice within 30 days from the date of receipt of the bank memo of your dishonour cheque and demamd your money. If within 15 days he fails to make the payment the you have to file case u/s 138 of NI Act. In your case matter is related to property so you can also file civil case also. You have to initiate proceedings immediately to avoid dely as per law.
Answer #3
513 votes
U will have to file 138 proceeding against the person who has signed the cheque. Issue process against the same and summons will be issued against that man. Even if he is absconding the police will have to find him.

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